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TERMS OF USE AGREEMENT

Effective Date: This Terms of Use Agreement (the “Agreement”) was last updated on January 15, 2014.

 

This Terms of Use Agreement sets forth the standards of use of the website at www.eArtConnection.com (the “Site”) operated by Christopher Michael Galleries, LLC (“Christopher Michael Galleries” or “eArtConnection” or “we” or “us”). By using the Site, you (“you” or the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the Site. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted at the Site. Your continued use of the Site after amendments are posted constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.

 

1.  Description of Service

 

Christopher Michael Galleries, LLC is providing the Feature Member with a biography or artist statement, 5-7 images of artwork, one profile photograph and unlimited links to personal website(s) and/or social media site(s). Listing Member is provided one profile photograph, one photo of artwork and one link to a personal website or social media site.

 

2.  Disclaimer of Warranties.

 

The Site is provided Christopher Michael Galleries, LLC on an “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, Christopher Michael Galleries, LLC makes no representations or warranties of any kind, express or implied, regarding the use or the results of the Site in terms of its correctness, accuracy, reliability, or otherwise. Christopher Michael Galleries, LLC shall have no liability for any interruptions in the use of the Site. Christopher Michael Galleries, LLC disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore, the above-referenced exclusion may be inapplicable.

 

3.  Limitation of Liability

 

CHRISTOPHER MICHAEL GALLERIES, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR CHRISTOPHER MICHAEL GALLERIES, LLC SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNTER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF CHRISTOPHER MICHAEL GALLERIES, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; THEREFORE SOME OF THE ABOVE LIMITATIONS MAY BE INAPPLICABLE.

 

4.  Indemnification

 

Member agrees to indemnify and hold Christopher Michael Galleries, LLC its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Site, the violation of this Agreement, or violation of any law by Member.

 

5.  Modifications and Interruption to Site

 

Christopher Michael Galleries, LLC reserves the right to modify or discontinue the Site with or without notice to the Member. Christopher Michael Galleries, LLC shall not be liable to Member or any third party should Christopher Michael Galleries, LLC exercise its right to modify or discontinue the Site. Member acknowledges and accepts that Christopher Michael Galleries, LLC does not guarantee continuous, uninterrupted or secure access to the Site, and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of Christopher Michael Galleries, LLC control.

 

6.  Disclaimer Regarding Accuracy of Vendor Information

 

Specifications about and other information regarding artists and artwork on the Site have been provided by individual artists and is not verified by Christopher Michael Galleries, LLC. While Christopher Michael Galleries, LLC makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site.  Christopher Michael Galleries, LLC makes no warranties or representations whatsoever with regard to any product provided or offered by any seller, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk.

 

7.  Information for Customers

 

Purchase of subscription from the Site are governed by the terms set forth in the Christopher Michael Galleries, LLC Join Us at http://www.eartconnection.com/#!join-us/cnvf.  Unless otherwise stated, all prices on the Site are in U.S. Dollars. Customers (that is, purchaser of subscription from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Christopher Michael Galleries, LLC may collect fees owed using other collection mechanisms.

 

8.  Governing Jurisdiction of the Courts of Georgia

 

The site is operated and provided in the State of Georgia. As such, we are subject to the laws of the State of Georgia, and such laws will govern this Agreement, without giving effect to any choice of law rules. We make no representation that the Site or other services are appropriate, legal or available for use in other locations. Accordingly, if you choose to access the Site you agree to do so subject to the internal laws of the State of Georgia.

 

9.  Compliance with Laws.

 

Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Site in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.

 

10. Copyright and Trademark Information

 

By submitting to Christopher Michael Galleries, LLC any images of artwork for sale on the Site (“Images”), you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to the Images. You grant to Christopher Michael Galleries, LLC the worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to reproduce and prepare derivative works of the Images for the purpose of advertising the Member on the Site. To the extent that you do not own all rights in and to the Images or that Christopher Michael Galleries, LLC use of any of the Images as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Christopher Michael Galleries, LLC harmless from any claims or demands, including attorneys’ fees and costs, incurred by Christopher Michael Galleries,LLC with respect thereto.

 

All images on the Site are either owned or licensed by Christopher Michael Galleries, LLC and may not be reproduced or used in any manner without the express written permission of Christopher Michael Galleries, LLC and, if appropriate, the relevant artist. Copyright © 2014 Christopher Michael Galleries, LLC. All rights reserved. All physical artwork is owned solely by the individual artists represented here and are subject to United States and International copyright laws.

 

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